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HARDING v. STATE

No. 70-882.

301 So.2d 513 (1974)

Milan E. HARDING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 5, 1974.

Attorney(s) appearing for the Case

Kenneth C. Deacon, Jr. of Harris, Barrett & Dew, St. Petersburg, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Warren H. Petersen, Asst. Atty. Gen., Tampa, for appellee.

ON REHEARING

McNULTY, Chief Judge.

We grant appellant's petition for rehearing, withdraw our former opinion affirming his conviction and substitute the following reversal in its stead.

The only question in the case involves the legality of a seizure of marijuana from Harding in his own home. Immediately upon the conclusion of a lengthy hearing on a motion to suppress, which was denied, the case was submitted...

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